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I just attended an adjustment of status interview at the Santa Ana office of USCIS. Everything went smoothly and the conditional permanent resident green card was approved at the interview.

My client, who originally met her husband in 2011, came to the United States on a J-1 visa in 2007. She met her future husband through an online dating website in 2007 and the couple started dating shortly thereafter. About a year after they started dating, they moved into his house in Newport Beach. One year later, they married after he naturalized and became a US citizen.

When we filed for adjustment of status we concurrently filed the I-130 visa petition. We included evidence of their good faith marriage such as joint bank account statements, travel itineraries, joint car insurance, health insurance, utility bills, cards from family members, and many photos of the couple with family and friends. We provided over a hundred pages of evidence to support the case.

The USCIS officer, with whom I had worked before, was polite and professional as she conducted the interview. She asked how the couple met, when they started dating and how they came to get married. I had prepared my clients well for the interview so they knew what to expect. They answered the questions openly and honestly, and the total interview time was about 30-45 minutes.

After the officer informed us that she was approving the case, we asked if my client could receive a temporary I-551 stamp in her passport to prove her lawful permanent resident status. My clients have a wedding reception planned in South America in two weeks; however, the conditional green card won’t arrive for another 2-4 weeks. The USCIS officer provided us with a referral so my client could receive the temporary stamp that will prove to Customs and Border Protection that she is a lawful permanent resident when she re-enters the US after her trip.

The clients were very pleased with the outcome and how smoothly the process worked out. I advised them that because their marriage is less than two years old, she will receive a conditional green card valid for two years. I advised that they will need to file the I-751 petition to remove conditions on permanent residency in approximately one year and nine months. I further advised that she will be eligible to naturalize in three years.

One of our Newport Beach clients was just approved for naturalization at the interview. The client, who is originally from Germany, has been a permanent resident for the last three years and married to his wife for that entire time. We applied for naturalization by filing the N-400 in August 2013. We included evidence that the couple has lived together for the last three years along with all the necessary information and documentation.

The client works for a large company and he travels extensively as part of his work. While his travel abroad over the last three years was substantial, he did not spend more than half his time outside the United States over the last three years, so the issue was not problematic at the interview in Santa Ana.

The officer, who I’ve worked with on several naturalization cases, asked questions about travel and marriage along with the civics test questions. My client was well-prepared on what to expect at the interview, and he did an excellent job. At the end of the interview, the officer approved the case.

If you are considering the naturalization process, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you to help you better understand how we can help you achieve the outcome you desire. We have handled countless naturalization cases over the years – some involving complex issues and others more routine.

We just received an I-485 approval for one of our long-time clients from Newport Beach. We have represented her for three years, and her long road to permanent residency has finally come to an end. We filed the I-360 under the Violence Against Women Act in 2011 after our client fled an abusive relationship with an American Citizen. The Vermont Service Center processed the case, and after eighteen months or so, we received an approval for the I-360. The I-485 application for permanent residency that we filed with the I-360 was transferred to the local Santa Ana field office for the adjustment of status interview.

If an alien is the victim of domestic abuse or extreme mental cruelty, he or she may be eligible to receive a protection from deportation (and work authorization) under the Violence Against Women Act. In order to receive an approval of the I-360, the alien must prove that s/he is or was married to a US citizen or permanent resident, was the victim of physical abuse or extreme mental cruelty, and the marriage was entered into in good faith. Proving abuse and/or cruelty can be a difficult task, but police reports, restraining orders and conviction records help a great deal. In the present case, we did not have any police reports or conviction records. We were able to provide a temporary restraining order.

In some cases, the VAWA self-petitioner will be eligible to receive a green card based on the domestic violence. Prior deportations, criminal convictions and other problems could prevent the VAWA applicant from becoming a permanent resident.

At the interview in Santa Ana, everything went smoothly. The officer, who I’ve worked with many times over the years, was polite and considerate with my client. He understood that she had been through a lot over the last few years, and he was kind and gentle with her. When he announced the the green card would be approved, my client broke down in tears. She had been waiting for this day for a long time. She was unable to visit her home in Mexico for many years because she feared she would not be able to return to the US. During that time, many close family members passed away. Helping clients like this is why I became an immigration attorney.

After the interview, I explained that she would be eligible to naturalize as a US citizen in three years, and she was excited to move forward with that process. If you are the victim of domestic violence and an alien, contact The Nunez Firm to schedule a consultation. We have handled many VAWA cases over the years, and we’ve developed a firm understanding of the laws and regulations associated with domestic violence cases. Managing attorney Jay Nunez will meet with you during a confidential consultation so both of us can learn more and figure out if VAWA is a viable option for you.

We recently received an O-1 visa approval for a dance instructor teaching ballroom dance classes in Orange County. He resides in Newport Beach and will begin teaching for a studio in Orange County soon. The O-1 visa was approved without a request for evidence. We used premium processing for this case.

The client has been traveling the world competing in ballroom dance for several years and has won many different competitions over the years. We were able to document his successful careers quite well. We also provided reference letters from other dancers – active and retired – that agreed that our client was one of a small group that had achieved the highest level of success in ballroom dance.

USCIS was satisfied that our client had extraordinary ability and approved the case. Because the client is currently in the United States and in valid status, he was eligible for adjustment of status, and we did not have to consular process his case.

We have done a few O-1 visas for dance instructors over the last few years. With the recent upsurge in dance classes, many new studios are opening up all over Orange County, and many of the best instructors are from other countries.

We just received an approval notice for an I-129F Petition for Fiance Visa that we filed a few months ago. The client lives in Newport Beach, and has been dating his fiancee, who lives in Mexico, for over a year. We provided USCIS with proof that the couple has visited several times, corresponded continuously, and met each other’s families.

The fiance visa petition is the first stage of a three step process. The K-1 visa is available to fiance/fiancees of US citizens that seek to enter the US solely to conclude a valid marriage with the petitioner within 90 days of arrival. Minor children of fiancees can accompany on a K-2 visa. The I-129F visa petition must be accompanied by proof of: the bona fide intent to marry within 90 days of entry, no legal impediments to marriage (such as prior unterminated marriages), and evidence that the couple has met in person within the last two years.

The approved I-129F petition is generally valid for four months, but it may be revalidated for additional periods of four months. Once the I-129F petition is approved by USCIS goes to the consul, where the consular officer will schedule an interview and determine whether the foreign-born fiancee is eligible for an immigrant visa (admissibility issues). The consulate will not issue a fiance visa if the marriage would not be legal (e.g. polygamy or minor child seeking to marry). If the petitioning US citizen has previously filed two or more fiance visa petitions, the consulate can deny the visa. K-1 visas are generally considered hybrid visas meaning they are not immigrant or non-immigrant visas. The K-1 visa holder cannot adjust or change status to permanent resident under any basis other than marriage to the K-1 visa petitioner. If the marriage between the K-1 visa holder and petitioner does not occur within 90 days of entry, the foreign-born individual must depart the US.

In this case, the approved visa petition will now be forwarded to the US consulate in Ciudad Juarez for scheduling of the visa application interview. This process can take several weeks, but we intend to start preparing the necessary documents, forms and evidence. Our client is currently collecting police clearances from the countries in which she has previously resided.

Once the fiance visa is approved by the consulate, she will travel to the US to get married in the first three months. Then, we will file the I-485 for adjustment of status based on marriage to a US citizen.

If you are considering the K-1 visa process, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you to help you better understand the options available to you and whether the fiance visa is a viable option.

The couple is young and the husband’s income was insufficient to qualify him as the sole sponsor. His father acted as the joint sponsor. Applicants for adjustment of status based on marriage must show that they have sufficient financial support and they are not likely to become a public financial charge. The sponsor, or in this case joint sponsor, must earn at least 125% of the federal poverty guidelines. The husband’s father easily met this requirement, and the USCIS officer did not view my client as likely to become a public charge. The officer reviewed the evidence of good faith marriage and asked many questions about how the couple met, started dating, and decided to get married. Then, he approved the case.

Because the couple has been married for less than two years, she will be a conditional permanent resident for the next two years. During the three month period prior to the expiration of her conditional permanent resident status, the couple will need to file the I-751 petition to remove conditions, so that she can remain a lawful permanent resident. I advised the couple that they will not receive a reminder from USCIS regarding the expiration date of the CPR status.

For now, the young couple is excited to have this step behind them. The wife looks forward to finding a job and they’ve mentioned possibly starting a family in the next year or two. Possibly, they’ll adopt a puppy they said.

If you are considering the adjustment of status process, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will meet with you during a confidential consultation and help you determine if adjustment of status is right for you.

We recently found out that our clients from Newport Beach were approved for a fiance visa. The wife is a US citizen living in Orange County. The husband is from India. They met through a friend while the wife was visiting India. They began corresponding with each other and after another visit by the wife to India, they decided to get engaged. We applied for the fiance visa earlier this year and the husband recently attended the consular interview in India. We provided evidence of the wife’s travels to India.

The consular officer approved the fiance visa and the couple traveled to the United States together last week. As is required under the fiance visa adjustment process, the couple plans to marry this month so that we can move forward with the green card application. We will need to attend an interview at the USCIS office in Santa Ana. Assuming everything goes smoothly there, the husband should receive his green card and be able to start working within the next six months.

If you are considering the fiance visa process, contact The Nunez Firm. We handle all types of marriage-based immigration matters and managing attorney Jay Nunez can help you better understand the process and whether the fiance visa is the best option for you.

We prepared the necessary forms and evidence making sure that the continuous residency requirement was fulfilled. We filed the packet with USCIS within a couple weeks and four months later the interview went forward. At the interview the officer asked questions about travel outside the United States and employment history. My client was well-prepared and answered all the questions to the officer’s satisfaction. The interview lasted only twenty minutes, which is relatively short, and the case was approved.

My client is scheduled for an oath ceremony later this month, and, after that, we plan to start the visa petition process for his parents. If you are considering the naturalization process in Southern California, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will meet with you to help you better understand the process and your chances of success.

We recently received an approval for naturalization for a Newport Beach client originally from Germany. He has been a permanent resident for many years and finally decided to pursue naturalization so he could petition for his wife, who is an alien.

He originally obtained his green card through employment and the PERM/labor certification process. The naturalization process went smoothly. There were no criminal conviction issues and the only subject that resulted in substantial questioning was the clients extensive travel abroad. We successfully convinced the immigration services officer that the travel did not disqualify the client from naturalization. I personally prepped the client for the naturalization interview in Santa Ana, and I told him what to expect. Although he was still nervous during the interview, I attended with him and made sure that everything went smoothly.

We just received an approval for a marriage based green card for the husband of a US Citizen living in Newport Beach. The couple met a couple years ago and dated for about one year before deciding to marry. He is originally from Italy and they traveled often to visit each other during the year they were apart. In summer 2011, he visited the U.S. and they decided to marry in fall.

Although they were planning to process the case through the US consulate in Italy, I advised them that it would be possible to process the case in the United States without him having to leave the US at all. After they married, we filed all the paperwork and recently had the adjustment interview in Santa Ana. We provided ample documentation proving the marriage was entered in good faith and not for immigration reasons. The officer was satisfied with the evidence and after asking a few questions about how they met and how often they visited each other, he approved the husband for a conditional green card – CR6.

The couple was very happy to be done with the process in such a short amount of time, and they plan to travel to Italy to visit his family next month. I explained to him that he could travel outside the United States, but he should not leave the US for more than six months at a time. I also explained that they would need to file an I-751 in two years to have the conditions removed from his green card.